Philippi was the first to question the value of this evidence. As the phrase ‘chosen on grounds of birth’ occurs in a law of Dracon which mentioned the Ephetae, Philippi[103] thinks that Pollux is arguing from a false interpretation of that law, suggested by a false reading τούτοις for τούτους in the law as quoted by Demosthenes.[104] As the verb αἱρείσθων may have a ‘middle’ or a ‘passive’ meaning, the sentence τούτοις δ’ οἱ πεντήκοντα καὶ εἶς ἀριστίνδην αἱρείσθων may be translated ‘for these (_i.e._ the phrateres) let the fifty-one be chosen according to birth’: instead of: ‘these phrateres (τούτους) let the fifty-one choose according to birth.’ But the Demosthenic citation of the law contains a reference two lines earlier to an existing body of fifty-one judges of the plea of involuntary homicide, and, therefore, the reading τούτοις is obviously false. Gilbert says[105] that this supposition of Philippi is ‘possible but not necessary.’ But it seems obvious from the law as cited that the supposition is fanciful and impossible. Yet we hold that Pollux was in error in asserting that Dracon instituted the Ephetae. The reason for the error has been correctly indicated by Müller.[106] ‘This title (Ephetae),’ he says, ‘occurred so frequently in Dracon’s laws that it gave rise to the opinion which we find in Pollux that Dracon instituted the college of the Ephetae.’ We may add that in the laws of Dracon there is no suggestion of the creation of homicide-judges or of homicide-courts. Their existence is presumed, just as clearly as the distinction between grades of homicide-guilt and the details of the various penalties are presumed. Dracon, in our view, merely codified existing laws in relation to homicide, and allotted the trials of the different kinds of homicide to the tribe-kings, on the one hand, and to the fifty-one Ephetae, on the other. This conclusion will be confirmed by a consideration of the meaning of the word Ephetae.